EPA 833-G-02-014 

Concentrated Animal Feeding Operations (CAFO) Rule 

Information Sheet 

Overview: 

By today’s actions, the Environmental Protection Agency is working with the agriculture 

community to control water pollution from the nation’s largest livestock operations while 

at the same time keeping American agriculture strong and viable. 

Today’s final rules replace the prior technology requirements and permitting regulations 

that are over 25 years old. The past regulations were out of date and did not establish 

adequate expectations for environmental performance. These rules will protect 

America’s waters by controlling runoff from agricultural feeding operations, preventing 

billions of pounds of pollutants from entering America’s waters every year. 

EPA fully recognizes that farmers have a long history of stewardship of the land. As 

livestock production methods change, it is important that environmental management 

practices keep pace and protect our valuable land and water resources for future 

generations. Effective manure management practices required by this rule will 

maximize the use of manure as a resource for agriculture while reducing its impact as 

waste on the environment. 

Environmental Progress: 

EPA’s final CAFO rule will provide substantial and measurable environmental and 

public health benefits. The rule significantly improves the way animal manure will be 

managed at large CAFOs. Together with USDA’s voluntary programs, this rule will help 

protect the Nation’s waters from nutrient over enrichment and eutrophication, which 

cause algal blooms and fish kills and contribute to the expansion of the Gulf of Mexico 

dead zone. The rule will also reduce pathogens in drinking water and improve coastal 

water quality. 

Over the past two decades, the animal production industry has changed. This rule will 

require large livestock operations to develop nutrient management plans. These plans 

will ensure that manure is properly managed and that manure nutrients are utilized by 

crops, rather than entering surface waters. 

The rule will lead to an estimated annual reduction of over 56 million pounds of 

phosphorus released from CAFOs into the environment, over 110 million pounds of 

nitrogen, over 2.1 billion pounds of sediment, over 911,000 pounds of metals, and 

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significant percentage reductions in pathogens, based on estimates during 

development of the final rule. 

Animal manure is a valued resource, when managed effectively. While nutrients like 

phosphorus and nitrogen are valuable components of manure, and essential for crop 

growth and animal production, improper management of manure can lead to 

eutrophication of rivers, lakes and estuaries. Eutrophication is the accelerated “aging” 

of waters caused by excessive nutrient loading which causes excessive plant growth, 

fish kills and reduced aesthetic quality. 

Improving Implementation of CAFO Rules: 

Despite their existence for 25 years, current rules have proven to be ineffective and 

inadequate. EPA is strengthening the existing rules to remove ambiguity as to which 

operations are covered by the rules, and to address all aspects of ensuring effective 

manure management by large operations, including land application. 

For the first time, all of the Nation’s large CAFOs, including beef, dairy, swine, and 

poultry operations, are required to get Clean Water Act permits from the States or EPA, 

regardless of whether they discharge only during large storms. 

The permits issued by EPA and States will require large livestock operations to develop 

nutrient management plans that ensure that manure is properly managed and land 

applied in ways that assure utilization of nutrients by crops. 

States will play a key role in implementing these final rules. EPA will work closely with 

states to implement these rules. 

Rural Partnerships: 

EPA and USDA are setting an example for environmental and agriculture partnership 

through our combined efforts. EPA’s regulatory actions are designed to complement 

USDA’s voluntary programs and policies, resulting in seamless national environmental 

objectives for all livestock agriculture. 

EPA and USDA support similar partnerships at the state and local level. EPA and 

USDA will be working with the State environmental and agriculture agencies to develop 

cooperative regulatory and voluntary efforts to support all animal feeding operations to 

take prudent steps to protect water quality. 

EPA and USDA jointly support local watershed efforts that target resources to the 

pollution sources that pose the greatest water quality risks, whether they are from 

agriculture, industry or cities. 

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EPA is promoting watershed-based efforts including national watershed pilot efforts, 

water quality trading, watershed-based permitting and other approaches that provide 

State and local communities with the tools and abilities to target their efforts to improve 

water quality. EPA and USDA will also continue providing financial support from Clean 

Water Act programs and the Environmental Quality Incentives Program to support 

efforts by livestock producers. 

To help these livestock operations meet the rule's requirements, Congress increased 

funding for land and water conservation programs in the 2002 Farm Bill by $20.9 billion, 

bringing total funding for these programs to $51 billion over the next decade. The 

Environmental Quality Incentives Program (EQIP) was authorized at $200 million in 

2002 and will ultimately go up to $1.3 billion in 2007; 60 percent of those funds must go 

to livestock operations. New technology is also being perfected to aid farmers in 

meeting this new rule. 

State Flexibility: 

This final rule maintains substantial flexibility and adds new opportunities for States to 

tailor these final rules to their needs. 

The final rule maintains important flexibility for States that allows them to focus their 

resources and ensures that federal programs complement existing State efforts. EPA 

has retained the existing structure of when medium and small operations may be 

subject to the regulations. EPA has recommended that States use voluntary and 

incentive programs to help small and medium operations avoid water pollution problems 

that would make them subject to these new regulations. 

The final rule also maintains a variety of flexibilities to accommodate State program 

implementation including: 

• Flexibility for States to tailor their permit program to address specific 

needs. For example, States retain the authority to determine the type of 

permit, general or individual, to be issued to a given operation. This 

enables States to develop permits that take into account the size, location, 

and environmental risks that may be posed by an operation. 

• State authority to determine that specific CAFO operations have no 

potential to discharge pollutants under any circumstances, and hence do 

not need permits. This flexibility recognizes the geographic diversity and 

climatic variations that can exist. 

• States have substantial flexibility to tailor nutrient management for 

CAFOs. 

• States can authorize alternative performance standards for existing and 

new CAFOs that will help promote innovative technologies. 

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Public Accountability: 

The final CAFO rule will fundamentally improve the implementation of Clean Water Act 

requirements for CAFOs and significantly improve accountability to the public to ensure 

them that CAFOs are effectively managing manure and protecting water quality. All 

CAFOs will be required to submit annual reports to the permitting authority with 

important information on nutrient management plan implementation. 

Innovation and Technology: 

EPA recognizes the power of American ingenuity to develop new technologies to solve 

today’s problems. While manure is a valuable resource when used properly for 

agricultural purposes, there are areas of the country where there is simply too much 

manure for the available land. Also, some livestock producers are moving forward with 

development of new technology for manure management, such as a feedstock for 

compost and fertilizer and for energy generation. 

The final rule provides for the States’ ability to approve “alternative performance 

standards” to encourage and provide stimulus to ongoing technology innovation efforts 

within the industry. As this industry grows and changes, it is important that its practices 

and technologies keep pace with those changes so our valuable land and water 

resources are adequately protected. 

Striking a Balance that is Practical and Effective: 

The final rule makes significant improvements to the December 2000 proposal. While 

retaining the most environmentally important components, it also: 

• targets better resources and requirements to the largest facilities and 

greatest water quality risks; 

• adds State flexibility for developing nutrient management standards, 

including site-specific, scientifically-based requirements, in permits; 

• encourages innovation through alternative performance standards and 

technologies that match or exceed the required environmental benefits; 

and 

• provides a clearer, more practical and affordable approach that States 

and farmers can implement. 

As a result, the final rule is likely to cost $335 million per year rather than up to $980 

million per year in the proposal. 

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